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The VA turned me down husband's pension because they 't have

Customer Question
The VA turned me down...
The VA turned me down for my husband's pension because they don't have a formal from how do I know they didn't loose it I know he filled it out. He passed away at the age of 58 3 years ago. How do I appeal it? I do get his Tricare health insurance.
Submitted: 1 year ago.Category: Military Law
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Answered in 2 hours by:
3/12/2016
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,238
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
Verified

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this? That is, you want to know how to file an appeal of the VA's denial? If not, what is your question please?

Would it help to talk on the phone?

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Customer reply replied 1 year ago
They are saying because they don't have a form which he filled out with his 20 year retirement packet I won't get his retirement pay. Is this true? Is there any thing I can do to fight this?
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

Thank you
Yes...that is true. That is, in order for his retired pay to be insured, he would have had to elect (fill out the form) and pay the premiums (it is insurance....you must pay for it) you can not draw the insurance benefit

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can collect this insurance without him paying for it, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 year ago
I am sorry it's not an insurance policy it's his retirement pay for me as his widow. There saying I don't qualify even though we were married for 20 years. Thanks for your help
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

Ma'am I am sorry that you are confused about this

IF it would help, we can talk on the phone.

By law, retirement pay ends on the death of the member.

Period.

SO it is not his retired pay.

Period.

It is insurance...if he did not elect it? You can not have the benefit

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 1 year ago
Good thanks
Military Lawyer: P. Simmons, Military Lawyer replied 1 year ago

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

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P. Simmons
P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 35,238
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Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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